[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1084 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1084
To authorize the relinquishment and in lieu selection of land and
minerals in the State of North Dakota, to restore land and minerals to
Indian Tribes within the State of North Dakota, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 14, 2025
Mr. Hoeven (for himself and Mr. Cramer) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To authorize the relinquishment and in lieu selection of land and
minerals in the State of North Dakota, to restore land and minerals to
Indian Tribes within the State of North Dakota, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Dakota Trust Lands Completion
Act of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) North dakota enabling act.--The term ``North Dakota
Enabling Act'' means the Act of February 22, 1889 (25 Stat.
676, chapter 180).
(2) Reservation.--The term ``reservation'' means any Indian
reservation located wholly or partially within the State of
North Dakota and recognized under United States treaty,
Executive order, or Act of Congress.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of North
Dakota, acting through the North Dakota Board of University and
School Lands and its agent, the Department of Trust Lands.
(5) State land grant parcel.--The term ``State land grant
parcel'' means--
(A) a parcel of land granted to the State of North
Dakota by Congress--
(i) on statehood; or
(ii) through a grant pursuant to the North
Dakota Enabling Act;
(B) a section of land numbered 16 or 36 granted to
the State of North Dakota by Congress for school
purposes;
(C) a parcel of land selected by the State of North
Dakota as indemnity for any section of land numbered 16
or 36; and
(D) a parcel of land other than a parcel of land
described in subparagraph (A), (B), or (C) obtained by
the State after statehood.
(6) Unappropriated federal land.--
(A) In general.--The term ``unappropriated Federal
land'' means public land administered by the Bureau of
Land Management located within the State of North
Dakota, including public land that is mineral in
character.
(B) Exclusions.--The term ``unappropriated Federal
land'' does not include--
(i) land (including an interest in land)
acquired by the Bureau of Land Management;
(ii) any area of critical environmental
concern established pursuant to section
202(c)(3) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712(c)(3));
or
(iii) land that is--
(I) withdrawn from--
(aa) entry, appropriation,
or disposal under the public
land laws;
(bb) location, entry, and
patent under the mining laws;
or
(cc) disposition under all
laws pertaining to mineral and
geothermal leasing or mineral
materials;
(II) located within a component of
the National Landscape Conservation
System;
(III) designated as a Research
Natural Area;
(IV) located within any
reservation;
(V) located within--
(aa) T. 147 N., R. 95 W.;
(bb) T. 148 N., R. 95 W.;
(cc) T. 148 N., R. 96 W.;
or
(dd) T. 149 N., R. 95 W.;
(VI) located within a United States
military reservation; or
(VII) designated by Congress or the
President for conservation purposes.
SEC. 3. RELINQUISHMENT AND SELECTION; CONVEYANCE.
(a) Relinquishment and Selection.--
(1) In general.--Subject to valid existing rights, if the
State elects to relinquish all right, title, and interest of
the State in and to a State land grant parcel located wholly or
partially within the boundaries of any reservation, the
Secretary shall authorize the State to select in accordance
with this Act 1 or more parcels of unappropriated Federal land
of substantially equivalent value.
(2) Approval.--Not later than 180 days after the date on
which the State makes a selection under paragraph (1), the
Secretary shall approve or reject, in whole or in part, the
selection.
(3) Review.--Nothing in this subsection precludes the
Secretary from conducting an environmental review of any parcel
proposed for relinquishment under paragraph (1) if the
Secretary determines that an environmental review is
appropriate.
(b) Conveyance.--
(1) Conveyance by secretary.--
(A) In general.--Not later than 60 days after the
date on which the Secretary approves a State selection
of unappropriated Federal land under subsection (a)(2),
the Secretary shall initiate the actions necessary to
convey to the State the unappropriated Federal land.
(B) Requirements.--Conveyance of unappropriated
Federal land by the Secretary under this Act--
(i) shall be by patent or deed in a form
acceptable to the State and the Secretary; and
(ii) shall not be considered a sale,
exchange, or conveyance for purposes of section
203, 205, 206, or 209 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1713, 1715, 1716, 1719).
(2) Relinquishment and conveyance by state.--
(A) In general.--As consideration for the
conveyance of unappropriated Federal land under
paragraph (1), on the date on which the unappropriated
Federal land is conveyed to the State, the State shall
concurrently relinquish and convey to the Secretary all
right, title, and interest of the State in and to the
State land grant parcel identified for relinquishment
under subsection (a)(1).
(B) Title.--The State shall convey to the Secretary
title, free of any financial claims, liabilities, or
other financial encumbrances, to all parcels
relinquished under subparagraph (A).
(C) Limitation.--Relinquishment and conveyance by
the State of a State land grant parcel under this Act
shall not be considered an exchange or acquisition for
purposes of section 205 or 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1715,
1716).
(c) Succession to Rights and Obligations.--Each party to which land
is conveyed under this Act shall, to the fullest extent allowable under
Federal and State law, succeed to the rights and obligations of the
conveying party with respect to any lease, right-of-way, permit, or
other valid existing right to which the land is subject.
(d) Management After Relinquishment.--
(1) Reservation.--If a State land grant parcel relinquished
by the State and conveyed to the Secretary under this Act is
located wholly or partially within the boundaries of any
reservation, on request of the applicable Indian Tribe, the
portion of the State land grant parcel located within the
boundaries of the reservation shall be--
(A) taken into trust by the Secretary on behalf of,
and for the benefit of, the Indian Tribe on the date of
the conveyance; and
(B) considered to be a part of the reservation of
the Indian Tribe.
(2) Consultation required.--Prior to the conveyance of a
State land grant parcel located wholly or partially within the
boundaries of any reservation, the State and the Secretary
shall consult with affected Indian Tribes, including the Indian
Tribe the land of which is subject to conveyance in accordance
with Executive Order 13175 (25 U.S.C. 5301 note; relating to
consultation and coordination with Indian tribal governments)
and other applicable laws.
(e) Withdrawal.--
(1) In general.--Subject to valid rights in existence on
the date of enactment of this Act, all unappropriated Federal
land selected by the State for conveyance under this Act,
effective beginning on the date on which the State makes the
selection and ending on the date described in paragraph (2), is
withdrawn from all forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws pertaining to
mineral and geothermal leasing or mineral materials.
(2) Date described.--The date referred to in paragraph (1)
is the date on which, as applicable--
(A) the unappropriated Federal land is conveyed by
the Secretary to the State;
(B) the Secretary rejects the selection under
subsection (a)(2); or
(C) the State withdraws the selection.
SEC. 4. VALUATION.
(a) Equal Value.--With respect to a State land grant parcel
conveyed under this Act in consideration for a parcel of unappropriated
Federal land selected in accordance with this Act--
(1) the overall value of the State land grant parcel and
the overall value of the parcel of unappropriated Federal land
shall be substantially equal; or
(2) subject to subsection (c), if the overall value of the
parcels is not equal, the party conveying the parcel of lesser
value shall--
(A) equalize the value by the payment of funds to
the other party; or
(B) enter the imbalance in value on a ledger
account in accordance with subsection (e).
(b) Appraisal Required.--
(1) In general.--Except as provided in subsection (d), the
value of the unappropriated Federal land selected in accordance
with this Act and the value of a State land grant parcel
conveyed under this Act shall be determined by appraisals
conducted by 1 or more independent appraisers selected jointly
by the Secretary and the State.
(2) Requirements.--An appraisal under paragraph (1) shall
be completed in accordance with--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions; or
(B) subject to subsection (d)(1), the Uniform
Standards for Professional Appraisal Practice.
(c) Equalization.--With respect to a conveyance to the Secretary of
a State land grant parcel of lesser value than the parcel of
unappropriated Federal land to be conveyed to the State under this Act,
the total value of the equalization payment described in subsection
(a)(2)(A) or the ledger entry described in subsection (e), as
applicable, may not exceed 25 percent of the total value of the parcel
of unappropriated Federal land.
(d) Low Value Parcels.--
(1) In general.--The Secretary, with the consent of the
State, may use mass appraisals, a summary appraisal, or a
statement of value made by a qualified appraiser carried out in
accordance with the Uniform Standards for Professional
Appraisal Practice to determine the value of a State land grant
parcel or a parcel of unappropriated Federal land to be
conveyed under this Act instead of an appraisal that complies
with the Uniform Appraisal Standards for Federal Land
Acquisitions if the State and the Secretary agree that market
value of the State land grant parcel or parcel of
unappropriated Federal land, as applicable, is--
(A) less than $500,000; and
(B) less than $500 per acre.
(2) Division.--A State land grant parcel or a parcel of
unappropriated Federal land may not be artificially divided in
order to qualify for a summary appraisal, mass appraisal, or
statement of value under paragraph (1).
(e) Ledger Accounts.--
(1) In general.--With respect to a State land grant parcel
conveyed under this Act in consideration for a parcel of
unappropriated Federal land, if the overall value of the
parcels is not equal, the Secretary and the State may agree to
use a ledger account to make equal the value.
(2) Imbalances.--A ledger account described in paragraph
(1) shall reflect imbalances in value to be reconciled in a
subsequent transaction.
(3) Account balancing.--Each ledger account described in
paragraph (1) shall be--
(A) balanced not later than 3 years after the date
on which the ledger account is established; and
(B) closed not later than 5 years after the date of
the last conveyance of land under this Act.
(4) Costs.--
(A) In general.--The Secretary or the State may
assume costs or other responsibilities or requirements
for conveying land under this Act that ordinarily are
borne by the other party.
(B) Adjustment.--If the Secretary or the State
assume costs or other responsibilities under
subparagraph (A), the Secretary or the State shall make
adjustments to the value of the unappropriated Federal
land conveyed to the State to compensate the Secretary
or the State, as applicable, for assuming the costs or
other responsibilities.
(5) Mineral land.--If value is attributed to any parcel of
unappropriated Federal land that has been selected by the State
because of the presence of minerals under a lease entered into
under the Mineral Leasing Act (30 U.S.C. 181 et seq.) that is
in a producing or producible status, and the lease is to be
conveyed under this Act, the value of the parcel shall be
reduced by the amount that represents the likely Federal
revenue sharing obligation under the Mineral Leasing Act (30
U.S.C. 181 et seq.) with the State, but the adjustment shall
not be considered as reflecting a property right of the State.
SEC. 5. MISCELLANEOUS.
(a) In General.--Land or minerals conveyed under this Act shall be
subject to all applicable Federal, State, and Tribal law.
(b) Protection of Indian Rights.--
(1) Treaty rights.--Nothing in this Act modifies, limits,
expands, or otherwise affects any treaty-reserved right or
other right of any Indian Tribe recognized by any other means,
including treaties or agreements with the United States,
Executive orders, statutes, regulations, or case law.
(2) Land or minerals held in trust.--Nothing in this Act
affects--
(A) land or minerals held in trust by the United
States as of the date of enactment of this Act on
behalf of, and for the benefit of, any Indian Tribe; or
(B) any individual Indian allotment.
(c) Hazardous Materials.--
(1) In general.--The Secretary and the State shall make
available for review and inspection any record relating to
hazardous materials on land to be conveyed under this Act.
(2) Certification.--
(A) In general.--Prior to completing a conveyance
of unappropriated Federal land under this Act, the
Secretary shall complete an inspection and a hazardous
materials certification of the land to be conveyed.
(B) State land grant parcels.--Prior to completing
a conveyance of a State land grant parcel under this
Act, the State shall complete an inspection and a
hazardous materials certification of the land to be
conveyed.
(d) Grazing Permits.--
(1) In general.--If land conveyed under this Act is subject
to a lease, permit, or contract for the grazing of domestic
livestock in effect on the date of the conveyance, the
Secretary or the State, as applicable, shall allow the grazing
to continue for the remainder of the term of the lease, permit,
or contract, subject to the related terms and conditions of the
user agreements, including permitted stocking rates, grazing
fee levels, access, and ownership and use of range
improvements.
(2) Cancellation.--
(A) In general.--Nothing in this Act prevents the
Secretary or the State from canceling or modifying a
grazing permit, lease, or contract if the land subject
to the permit, lease, or contract is sold, conveyed,
transferred, or leased for nongrazing purposes.
(B) Base properties.--If land convey